In his ruling Wednesday, Judge Randall Jackson said the attorney for the plaintiff, Peterman LLC, "failed in its burden of proof to show that a preliminary injunction should be issued by this court."
Peterman's attorney, Jonathan Sternberg claimed in court Tuesday that the smoking ban is unconstitutional by exempting the casino floor from the ordinance. He asked Judge Jackson to postpone the installation of the law, calling it invalid.
"It violates several provisions of the state constitution, therefore since we are likely to win on that issue, the ordinance shouldn't take effect on June 7th," Sternberg said during a hearing on Tuesday. "Instead it should be staved off until the judge has fully determined the case and the judgment."
The city's attorneys argued that Sternberg did not have enough proof to delay the ban, which bans smoking in all indoor public places in St. Joseph, excluding the casino floor.
Sternberg says he will continue to fight for his client in this case and is expecting another court appearance in late July.
"This is just a decision of whether the ordinance goes into effect during the lawsuit," he said.
The ordinance goes into effect on June 7.
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